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Toshiba Files Patent Suit Against Imation

By Greg Tarr -- TWICE, 5/15/2009

Tokyo — Toshiba filed a lawsuit Thursday against Imation, several manufacturers and several distributors of recordable DVD media for allegedly infringing Toshiba's DVD patents.

The lawsuit was filed in the U.S. District Court for the Western District of Wisconsin.

Toshiba said it is seeking damages for past infringement and requests that the court enjoin the sale, manufacture and importation into the United States of recordable DVD media by the companies named in the action, including: Imation (USA); Moser Baer India (India); CMC Magnetics (Taiwan); Ritek (Taiwan); Glyphics Media (USA); Hotan (USA); Khypermedia (USA) and Advanced Media.

Toshiba said alleged offending products include recordable DVD media of the formats DVD-R, DVD+R, DVD-RW, DVD+RW, DVD+R DL, DVD-R DLz and DVD-RAM

The alleged offending media was sold under the Imation and Memorex brand names, both controlled by Imation, among others, Toshiba said.

Toshiba said the companies do not have license agreements with Toshiba or the DVD6C Licensing Group covering recordable DVD media, and have engaged in the importation and sale of recordable DVD media without permission.

“The infringement of Toshiba's patents by these companies, has negatively affected Toshiba's business, and also caused damage to the legitimate and licensed DVD product manufacturing and distribution business as a whole,” Toshiba said in a statement. “Through the filing of the lawsuit, Toshiba seeks to recover monetary damages, prevent future infringement and/or secure agreements to respect Toshiba's intellectual property rights in the future.”

A spokesman for Imation said the company hasn’t had an opportunity to review the suit and claims, and cannot comment on the action at this time.

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